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HomeMy WebLinkAboutCMWD 77-402; Mola Development Corp; 80-107961: EasementI A? After Recording, Return to: .•;OODSIDE/K!a:OTA & ASSOCIATES, INC. °.0. COX 1095 CARLSBAD, CA 92008 : ile No. C-609348 _/Project ;\o. o *'- ' 81-263301 " i'BflK iiiT1'"'jB»i»sifc toil !A* NO FEE SUBORDINATION AGREEMENT p^ GOVERNMENT CODE SECTION 6103 LA JQLLA BANK & TRUST COMPANY, a California banking corporation of La Jo!la, California holder(s) of the beneficial interest in a lease dated September 11, 1979 , and unrecorded, affecting the hereinafter described real property in the County of San Diego, State of Lai i form'a ; HEREBY subordinate(s) the encumbrance, lien, or charge of said lease to the easement over said land conveyed to Costa Real Municipal Hater District uy Instrument recorded March 23. 1980 as File No. 80-107961 .•nd AGREE that foreclosure or other enforcement of rights under .-,aid lease shall not affect said easement. I he easement described in this agreement affects that real pro- perty in the County of San Diego, State of California, described u s : (See Attached Exhibit "A") Dated this day of LA JOLLA BANK & TRUST COMPANY, a Califor/\a tanking corporation of La Jo' (ACKNOWLEDGEMENT) IGINAL STATE OF CA COUNW OF me, personally appeared known to me to be the - . , , .oi* the corporation that executed the within Instrument, known to me to lie the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature! 1268 SAFECO FOR NOTARY SEAL OR STAMP CHARLENE HELFRICK NOTARY PUBLIC- CALIFORNIA Principji Otto in Sar, D^ego County My Commission Exp Nov. 0, 1383 NO FEE REQUIRED PER GOVERNMENT CODE SECTION 6103 ALL THAT PORTION OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 BEING A STRIP OF LAND 12.00 FEET IN WIDTH, THE EASTERLY AND NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE EASTERLY LINE OF SAID WEST ONE- HALF, NORTH 0014'14" EAST, 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY FROM THE EAST-WEST CENTERLINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE NORTH 89°15'32" WEST, 20.50 FEET TO A POINT IN A LINE PARALLEL WITH AND 20.50 FEET WESTERLY FROM THE EASTERLY LINE OF SAID WEST ONE-HALF, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 00l4fl4" EAST, 145.67 FEET; THENCE NORTH 89045'46" WEST, 122.91 FEET TO A POINT IN A LINE PARALLEL WITH AND 103.00 FEET EASTERLY FROM THE CENTERLINE OF EL CAMINO REAL AS SAID CENTERLINE IS DESCRIBED IN PARCEL 68370-A OF A DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 10, 1970 AS DOCUMENT NO. 142233, SAID POINT BEING DESIGNATED POINT "A"; THENCE ALONG SAID PARALLEL LINE NORTH 7035'00" WEST, 164.22 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "B"; THENCE CONTINUING NORTH 7°35I00" WEST, 253.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "C"; THENCE CONTINUING NORTH 7°35'00" WEST, 7.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "D"; THENCE CONTINUING NORTH 7035'00" WEST, 30.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "E"; THENCE LEAVING SAID PARALLEL LINE SOUTH 89°45'46" EAST 109.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "F"; THENCE CONTINUING SOUTH 89°45'46" EAST, 3.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "G"; THENCE CONTINUING SOUTH 89°45'46" EAST, 10.00 FEET. ALSO A STRIP OF LAND 10.00 FEET BEING DESCRIBED AS FOLLOWS: IN WIDTH, THE WESTERLY LINE THEREOF BEGINNING AT THE AFOREDESCRIBED POINT "A"; THENCE SOUTH 7°35'00" EAST, 35.00 FEET. ALSO A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "B"; THENCE NORTH 82°25'00" EAST, 25.00 FEET. ALSO A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "C"; THENCE NORTH 82°25'00" EAST, 17.00 FEET. ALSO A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "D"; THENCE SOUTH 82°25'00" WEST, 40.00 FEET. ALSO A STRIP OF LAND 12.00 FEET IN WIDTH, THE NORTHERLY LINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "E"; THENCE SOUTH 82°25'00M WEST, 40.00 FEET. ALSO A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "F"; THENCE SOUTH 0°14I14" WEST, 22.00 FEET. ALSO A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "G"; THENCE NORTH 0°14'14" EAST, 5.00 FEET. PARCEL NO. 2 ALSO A STRIP OF LAND 14.00 FEET BEING DESCRIBED AS FOLLOWS: 1270 NO FEE REQUIRED PER GOVERNMEN CODE SECTION 6103 IN WIDTH, THE EASTERLY LINE THEREOF BEGINNING AT THE AFOREDESCRI BED POINT "E"; THENCE SOUTH 89°45'46" EAST, 35.21 FEET TO A LINE PARALLEL WITH AND 170.00 FEET WESTERLY FROM THE EASTERLY LINE OF SAID WEST ONE-HALF; THENCE ALONG SAID PARALLEL LINE NORTH 0°14'14" EAST, 305.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°14'14" EAST, 16.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "H"; THENCE CONTINUING NORTH O0!^'!^" EAST, 12.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "I"; THENCE CONTINUING NORTH 0°14'14" EAST, 4.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "J"; THENCE CONTINUING NORTH 0°14'14" EAST, 89.00 FEET TO ITS POINT OF TERMINATION, SAID POINT BEING ON THE CENTERLINE OF DOVE LANE AND LYING 170.00 FEET WESTERLY FROM EASTERLY LINE OF SAID WEST ONE-HALF. ALSO THREE (3) STRIPS OF LAND 10.00 THEREOF BEING DESCRIBED AS FOLLOWS: FEET IN WIDTH, THE CENTERLINES 1. BEGINNING AT THE AFOREDESCRI BED POINT "H"; THENCE NORTH 89°45'46n WEST, 19.00 FEET. 2. BEGINNING AT THE AFOREDESCRIBED POINT "I"; THENCE SOUTH 89045'46" EAST, 19.00 FEET. 3. BEGINNING AT THE AFOREDESCRIBED POINT "J"; THENCE NORTH 89°45'46" WEST, 19.00 FEET. , JL 1842 '.' After Recording Return To: Woodside/Kubota & Associates, Inc P.O. Box 1095 Carlsbad, California 92008 File Order No. C-609348 CMWD 77-402 NO FEE REQUIRED PER GOVERNMENT CODE SECTION 5103 ^0-107961FILE/PAGE NO. ........ "-1- BOOK 1980 RECORDED REQUEST OF SAFECO .TITLE INSURANCE 28 aue OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. VERA L. LYLE RECORDER GRANT OF RIGHT-OF-WAY Mola Development Corporation, a California Corporation $6.06 as Grantor, for and in con- sideration of the sum of One Dollar ($1.00) and other valuable consideration paid by COSTA REAL MUNICIPAL WATER DISTRICT, a muni- cipal water district organized .and existing under the Municipal Water District Act of 1911, as amended, as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said COSTA REAL MUNICIPAL WATER DISTRICT, its successors and assigns, an easement of right-of-way in, upon, over, under, and across the lands herein- after described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including but not limited to, conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter described right-of-way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right-of-way by a practical route or routes, in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right-of-way from explosives, buildings and structures. The easement of right-of-way is described as follows: SEE EXHIBIT "A" ATTACHED ORIGINAL -. : 0. : c ;. & '., ,. Dated this /3 day of 19 "U y-V.V. BY: Mola Development Corporation, i a Corporation u / COSTA R£MUNICIPAL VVAT§r\_D5r:Tr ",T_ STATE OF CALIFORNIA COUNTY OF before me, the undersigned, a Notary Public m and for .said County and. State, personally appeared i ~- • »~» •• known to me to be the£j)£»-V-—President, and «*'^* , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board ot directors. SAFECO Signature FOR NOTARY SEAL OR STAMP TORDJS PAPJ.OIV o , OFFICE IN SAN DIEGO COUNTY fiSy Conanfeston Explrw Dec. 8,. Page I of 3 184*3 EXHIBIT A ALL THAT PORTION OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 BEING A STRIP OF LAND 12.00 FEET IN WIDTH, THE EASTERLY AND NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE EASTERLY LINE OF SAID WEST ONE- HALF, NORTH 0°14'14" EAST, 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY FROM THE EAST-WEST CENTERLINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE NORTH 89°15'32" WEST, 20.50 FEET TO A POINT IN A LINE PARALLEL WITH AND 20.50 FEET WESTERLY FROM THE EASTERLY LINE OF SAID WEST ONE-HALF, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 0°l4'14" EAST, 145.67 FEET; THENCE NORTH 89°45'46" WEST, 122.91 FEET TO A POINT IN A LINE PARALLEL WITH AND 103.00 FEET EASTERLY FROM THE CENTERLINE OF EL CAMINO REAL AS SAID CENTERLINE IS DESCRIBED IN PARCEL 68370-A OF A DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 10, 1970 AS DOCUMENT NO. 142233, SAID POINT BEING DESIGNATED POINT "A"; THENCE ALONG SAID PARALLEL LINE NORTH 7°35'00" WEST, 164.22 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "B"; THENCE CONTINUING NORTH 7°35'00" WEST, 253.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "C"; THENCE CONTINUING NORTH 7035'00" WEST, 7.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "D"; THENCE CONTINUING NORTH 7°35'00" WEST, 30.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "E"; THENCE LEAVING SAID PARALLEL LINE SOUTH 89°45'46" EAST 109.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "F"; THENCE CONTINUING SOUTH 89°45'46" EAST, 3.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "G"; THENCE CONTINUING SOUTH 89°45'46" EAST, 10.00 FEET. ALSO A STRIP OF BEING DESCRIBED LAND 10.00 AS FOLLOWS FEET IN WIDTH, THE WESTERLY LINE THEREOF BEGINNING AT THE AFOREDESCRI BED POINT "A"; THENCE SOUTH 7°35'00" EAST, 35.00 FEET. ALSO A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "B"; THENCE NORTH 82°25'00" EAST, 25.00 FEET. ALSO A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRIBED POINT "C"; THENCE NORTH 82°25'00" EAST, 17.00 FEET. ALSO A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "D"; THENCE SOUTH 82°25'00" WEST, 40.00 FEET. ALSO A STRIP OF LAND 12.00 FEET IN WIDTH, THE NORTHERLY LINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "E"; THENCE SOUTH 82°25'00" WEST, 40.00 FEET. ALSO A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCRI BED POINT "F"; THENCE SOUTH 0°14'l4" WEST, 22.00 FEET. ALSO A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE THEREOF BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREDESCR IBED POINT "G"; THENCE NORTH O014'l4" EAST, 5.00 FEET. Page 2 of 3 1844 PARCEL NO. 2 ALSO A STRIP OF LAND 14.00 FEET BEING DESCRIBED AS FOLLOWS: IN WIDTH, THE EASTERLY LINE THEREOF BEGINNING AT THE AFOREDESCRI BED POINT "E"; THENCE SOUTH 89045"+6M EAST, 35.21 FEET TO A LINE PARALLEL WITH AND 170.00 FEET WESTERLY FROM THE EASTERLY LINE OF SAID WEST ONE-HALF; THENCE ALONG SAID PARALLEL LINE NORTH 0°14'14" EAST, 305.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°14'14" EAST, 16.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "H"; THENCE CONTINUING NORTH 0°14'14" EAST, 12.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "I"; THENCE CONTINUING NORTH On^'lV EAST, 4.00 FEET TO A POINT, SAID POINT BEING DESIGNATED POINT "J"; THENCE CONTINUING NORTH 0°14'14" EAST, 89.00 FEET TO ITS POINT OF TERMINATION, SAID POINT BEING ON THE CENTERLINE OF DOVE LANE AND LYING 170.00 FEET WESTERLY FROM EASTERLY LINE OF SAID WEST ONE-HALF. ALSO THREE (3) STRIPS OF LAND 10.00 FEET IN WIDTH, THE CENTERLINES THEREOF BEING DESCRIBED AS FOLLOWS: 1. BEGINNING AT THE AFOREDESCRI BED POINT "H"; THENCE NORTH 89°45'if6" WEST, 19.00 FEET. 2. BEGINNING AT THE AFOREDESCRIBED POINT "I";.THENCE SOUTH 89°45"+6" EAST, 19.00 FEET. 3. BEGINNING AT THE AFOREDESCRIBED POINT "J"; THENCE NORTH 89°45'46" WEST, 19.00 FEET. Page 3 of 3 1845 This is to certify that the interest in real property conveyed by the Deed dated March 13 » 198J3, from Mola Development Corporation, a California Corporation as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Municipal Water District organized and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the COSTA REAL MUNICIPAL WATER DISTRICT on March 19 19£Q_, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: March 19 t 1980. COSTA REAL MUNICIPAL WATER DISTRICT By Marga^t 0 ., 'tionas, Secretary Directors